Nairobi legislators troop to the courts to fight for their wins in August 8 polls

Nairobi woman representative Esther Passaris and Embakasi East MP Babu Owino. Owino's win has been challenged in court by his rival Francis Mureithi. [File, Standard]

Embakasi East Member of Parliament Babu Owino got a reprieve after the High Court allowed him to file his response in a petition challenging his win. Owino had been accused of filing the response late. High Court Judge Joseph Sergon said Owino provided enough grounds to explain why he failed to respond to the petition challenging his win late.

Owino had risked losing his seat after Francis Mureithi requested the court to reject the responses by Owino because he had filed it after the required time by the court.

 “I find that the respondent’s delay in filing the responses was not intentional and that was properly explained,” Sergon said.

He added that striking out Babu’s response would mean the entire petition will be declined without giving him a right to fair hearing. In the case, Francis Mureithi, who filed the election petition challenging Babu’s win on September 5, argues that the MP and two other respondents failed to respond to his petition within the seven days of service allowed by law.

 “The respondents have refused, neglected and failed to file their notices of address of service and response to the petition within the prescribed time in law,” Mureithi said.

In his motion, Mureithi wanted the court to order the petition conceded since the respondents had failed to respond on time. Babu defended himself, claiming that he failed to respond to the petition on time because of circumstances beyond his control.

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He said Mureithi had put an advert in the paper which required him to respond to the petition but he did not see it since he had travelled upcountry.

“I did not see the adverts requiring me to file the responses from the daily newspapers on time,”said Owino.

Through his lawyers, Babu had asked the court to allow his response to be admitted in court so that he can defend his win. In his petition, Mureithi alleged the elections in Embakasi East were marred by irregularities and illegalities and should be annulled. The case will be mentioned on October 30 when parties will confirm to court if all responses will have been filed by then before a hearing date is set.

Embakasi South MP Julius Mawathe wants a petition challenging his election struck out on grounds of incompetency. Mawathe, whose victory is being challenged by former MP Irshad Sumra, says the petition is incurably defective and does not deserve to be heard in full.

Sumra wants the court to declare the election of Mawathe null and void, and that he be declared the winner. The former legislator argues that he defeated the Wiper MP, but his victory was taken away by the Returning Officer.

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